renting - how normal and how legal is this?

preciousillusions

Hi there, just looking for some advice really.

To cut a long story short: Have had a nightmare of a tenancy with my first renting experience. Found out a few months in that there had been a big flood during last tenancy which damaged damp proofing, add to that a poorly ventilated and not sufficiently heated flat and mould started to appear. Seems this had been an ongoing issue and landlord had just painted over it. State of it gradually became worse alongside a load of other issues that the landlord was very slow to repair, almost unresponsive at times due to working abroad - faulty lights, fridge, no reliable heating and hot water, oven a fire hazard etc. Also the major refuribishment I was told would be happening never did.

Eventually landlord decided he couldn't repair the problems in the flat to bring it up to a habitable standard and so issued me with a section 21 notice. To be honest I think this could also be described as a "revenge eviction" for my (necessary) complaints about the property.

So I had two months to find somewhere else. Managed to secure another flat through same agency, more horrendous fees and battle to find landlord accepting of housing benefit claimant but got there eventually.

I am due to move in next Monday. But have been told some information that unsettles me a bit, or a lot really.

In the advertisement I was given of the flat, it states:

We are pleased to present this spacious one bedroom maisonette, featuring a large bright lounge with separate kitchen complete with fitted oven, fridge, freezer and washing machine.

I've now been told, to quote an e-mail:

I just want to confirm if the fridge freezer or washing machine breaks down mid tenancy the landlords has asked us to mention they wont be replacing them."

At first I thought, that can't be right, that it was a miscommunication but I spoke with the agent today who confirmed it. She said that it isn't that uncommon for landlords to do this, that it is legal and will be cited in my contract.

This just doesn't seem right to me. The appliances aren't in bad condition but catastrophes happen sometimes and I am really worried in case something goes wrong and I am left without a washing machine or even worse, fridge or freezer.

Surely as the flat was advertised as containing both, these should be maintained to a sufficient workable standard if needed? The agent is going to talk to the landlord for clarification on if they would be willing to repair even if not replace in such a situation. But I just feel really thrown and again, like the wool has been pulled over my eyes by the agent. I can't back out, I have nowhere else to go and have paid £500 holding fee.

Has anyone else experienced this or have any knowledge on how common it really is?

I really do hate estate agents , apologies to any that go against the grain but just having bad experiences. I am an anxious wreck after all of this. Was so thankful to be getting out of this mouldy pit (seriously it's quite disgusting, mould everywhere, my sofa has even gone mouldy underneath) and trying to be hopeful but to be honest just feel dread and fearful that it will all go wrong.

Thanks in advance for any replies or advice. Btw I do have an appointment with CAB a week Tuesday regarding the ongoing situation at this flat so may bring this up with them then also but just wondered if I could gain some insight in the meantime here. I would ring their advice line but don't do well with phone-calls.

bouicca21

When I was renting last year the agreement had a specific clause to the effect that the LL was not responsible for repairs to white goods. I therefore never complained about the ancient fridge freezer that had a mind of its own about what temperature it would keep, and regularly iced up at the bottom of the fridge whilst being warm at the top.

preciousillusions

bouicca21 wrote: »

When I was renting last year the agreement had a specific clause to the effect that the LL was not responsible for repairs to white goods. I therefore never complained about the ancient fridge freezer that had a mind of its own about what temperature it would keep, and regularly iced up at the bottom of the fridge whilst being warm at the top.

Right, thanks. Were you told this from the beginning though or find out later on? I just feel being informed a week before my move date is a bit out of order you know?

discat11

I think as long as you're told before commencement (i.e. when you can back out without penalty) it's fair enough, although it's still a bit of a pain it wasn't told to you before you'd committed yourself otherwise of course.

I think apart from the structure of the property and essentials like electricity/water/gas supply, plumbing and electrical installation and heating anything else supplied (like white goods) is an 'extra' and should be regarded as such.

G_M

If the contract you sign says the LL will not repair, then ... the LL need not repair.

If the contract you sign says nothing about repairs, then ... the LL need not repair.

If the contract you sign says the LL will repair, then ... the LL must repair.

see section 11 of Landlord & Tenant Act 1985

11 Repairing obligations in short leases.

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

preciousillusions

Okay thank you. I guess that is that, then. Will just have to keep fingers crossed nothing goes wrong .

franklee

I see why you're disappointed, advertising the white goods does make it sound like they'd be maintained. What I've seen before is the ad says if that's excluded. However given you haven't seen the tenancy agreement yet you don't know what you will be signing up to! Don't leave that till move in day, ask to see a copy now so you can read it through in your own time.

If the tenancy agreement puts the repair oblation on you then I suggest you ask to have that struck out. That would mean no one is required to repair. You don't want to have to keep spending on repairing goods that are past their useful life.

There shouldn't be an obligation on you to repair if the machines are used in the correct manner so what I would do is ask for the instruction manuals to make sure you can show you have treated them right. Then if one goes wrong rather than an expensive repair I'd be looking for a cheap second hand one that you can buy and ask the landlord to remove his broken one. The replacement would be yours to take away with you when you leave.

[Deleted User]

I moved into a house with an ancient fridge freezer and I was told on the day I moved in only that it wouldn't be repaired at the LL's expense. I did bring my own washing machine and replaced the oven myself (because the provided one was naff). The Fridge freezer is just about working, due to move out myself. I expect to provide these things for myself so would have replaced it if needed.

I prefer to provide my own white goods because I like to get items that are reliable, work well, and are efficient (save me money on electricity and water etc). So I'd actually avoid a furnished place because I know what LL's put in places lol.

I think its too late now to change your mind about where you are living. You know the fridge freezer is your responsibility to repair or replace if you need to. So try and save for this eventuality if you can. Or you could look online and see if insurance against breakdown is worthwhile (but if the white goods are old, it might be difficult to get).

I'm afraid there are no guarantees that your new LL will be better than your old, as they can (like mine) always be the sort that refuse to repair even basic stuff. But at least you know from the start that this fridge freezer will be your responsibility to repair. LL's are always going to be looking at the bottom line, I'm afraid. Try and look at the fridge freezer as a useful add on, rather than a liability, its working now and you can replace it in the future if you need to.

Socksey

It could be that in the past LLs commonly had the white good in... I know that for me, I've lost track of how many fridges and washing machines I've replaced etc, while in my own house I still have the same ones I had before becoming a LL. So what they are saying is that the white goods are there if you want them but once they die they will not be replaced as they simply don't have the money for constant replacements. As long as that condition is stated up front then it should not be an issue.
When I was a tenant, I bought my own eventually and then when I moved into my own house they were mine and came with me so I didn't need to buy lots of stuff at once.
So it's not necessarily a bad thing.

Dan-Dan

Join the real world , your Fridge breaks , you have to replace it (or not , and leave the milk on the window sill)

ViolaLass

Dan-Dan wrote: »

Join the real world , your Fridge breaks , you have to replace it (or not , and leave the milk on the window sill)

Not helpful and not the point. The LL would have to repair the roof, for example.